Significant Increase in Damages Awarded by Court of Session in Fatal Asbestos Claims
Two recent cases have marked a distinct increase in the amount of compensatory damages awarded in fatal cases. Both cases concerned section 4(3)(b) of the Damages (Scotland) Act 2011, which allows family members to claim damages for distress and anxiety, grief and sorrow, and loss of society and guidance following the death of their loved one. […]
General damages increase ruling published
The Court of Appeal in England this week amended a ruling that would have led to an increase in general damages in most civil cases from 1st April 2013. The general background to the case is the balanced package of measures recommended in the final report of the Review of Civil Litigation Costs produced by […]
Judge allows tick bite claim to proceed
A Court of Session judge has ruled that a forestry worker can proceed with his damages claim against the Forestry Commission, reports the Scotsman. Iain MacEchern is claiming £80,000 in damages after a tick bite left him seriously ill with lyme disease. The 57-year old had to spend a number of months in hospital, and […]
Woman loses pool injury compensation claim
A woman who was injured after diving into a friend’s swimming pool in 2006 has lost her £6million damages claim, reports the BBC. Kylie Grimes was 18 when she attended a party at a friend’s house. She was left paralysed after she dived into the swimming pool and hit her head on the bottom, breaking […]
Damages (Scotland) Act in force
The Damages (Scotland) Act 2011 is now in force. It is intended to overhaul the system of obtaining damages for wrongful death – where a person suffers injury or disease as a result of the wrongful actions or omissions of another. The new rules should speed up the legal process, and make it easier for […]
